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Smithtown, NY Fire Regulations: Propane Storage (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Applies to
All LPG uses, containers and piping
Occupied buildings
No LPG container inside, on roof or balcony
Outdoor storage setback
At least 25 feet from any building
Small cylinder exception
Up to 200 lbs aggregate, 2.5-lb cylinders
Installation permit
Required from Dept. of Public Safety
Operating permit
Annual permit from Fire Prevention Division
First offense penalty
Up to $2,500 fine or 60 days

Summary

Smithtown's Fire Prevention code regulates where liquefied petroleum gas containers can be kept, barring propane tanks from inside, on the roof or on the balcony of any occupied building. Bulk and cylinder storage must sit at least 25 feet from any building in a vented, fenced enclosure, and installing, filling or transporting LPG requires a permit from the Fire Prevention Division.

No container of LPG, either in use or in storage, shall be permitted inside or on the roof or balcony of any occupied building or in or on any construction attached to an occupied building, except as permitted in Subsections F and G below. ... The storage of containers must be outside the building, at least 25 feet from any building or structure. Storage is to be in either a noncombustible top- and bottom-vented structure or surrounded by a substantial metal fence enclosure. Such enclosure is to be adequately secured against access by unauthorized persons.

Full Breakdown

Smithtown Code § 164-103 applies its liquefied petroleum gas article to all uses of LPG and to the installation of piping, containers and equipment. Section 164-106E(1) flatly bars any LPG container, whether in use or in storage, from being kept inside, on the roof or on the balcony of an occupied building, or in any construction attached to one, unless one of two narrow exceptions in Subsections F or G applies. Subsection F allows small DOT-rated cylinders of up to two and a half pounds' water capacity, used with self-contained hand torches, to be stored or displayed in a building open to the public up to a 200-pound aggregate limit.

Section 164-106E(3) sets the baseline outdoor rule for everything else: containers must be stored outside the building, at least 25 feet from any building or structure, inside either a noncombustible top- and bottom-vented structure or a substantial metal fence enclosure secured against unauthorized access. Before any fixed LPG system goes in, § 164-104A requires the owner to submit a site plan to the Fire Prevention Division showing container and vaporizer locations and capacities, and § 164-104A(2) requires a separate installation permit from the Department of Public Safety.

Section 164-107 requires anyone who installs, stores, sells, resells or transfers propane to hold an annual Fire Prevention Division permit, and § 164-105B makes it illegal to fill any LPG container not designed for LPG.

Violations & Fines

LPG violations fall under Chapter 164's general penalty at § 164-167A: a fine of up to $2,500 or up to 60 days in jail, or both, for a first offense, and up to $5,000 or 90 days for a second or later offense, with each day of noncompliance a separate violation. The Fire Prevention Division can also revoke or refuse to renew an operator's annual LPG permit under § 164-107.

Frequently Asked Questions

Can I keep a propane tank on my balcony in Smithtown?
No. Section 164-106E(1) bars any LPG container, whether in use or in storage, from being kept inside, on the roof or on the balcony of an occupied building or anything attached to one. The only exceptions are the small self-contained torch cylinders and temporary uses covered in Subsections F and G of the same section.
How far from my house does a propane tank have to sit?
Section 164-106E(3) requires LPG containers to be stored outside the building, at least 25 feet from any building or structure, inside a noncombustible, top- and bottom-vented enclosure or behind a substantial metal fence that is secured against unauthorized access. This applies to storage tanks kept in the yard, not just commercial bulk sites.
Do I need a permit to install a propane tank?
Yes. Section 164-104A requires the owner to file a site plan with the Fire Prevention Division before any new fixed LPG installation, and § 164-104A(2) requires a separate installation permit from the Department of Public Safety. Anyone who installs, stores, sells or transfers propane in Smithtown also needs an annual permit under § 164-107.

Sources & Official References

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